http://www.dechert.com/files/Publication/9d2706f9-b536-40d1-ac50-7f89dfe31368/Presentation/PublicationAttachment/a638d15c-a425-4c9c-bf58-8099aa371ead/BRR_07-12_Trademark_Licensees.pdf#page=1
Seventh Circuit allows trademark licensees to continue using license after rejection of licensing agreement
20 July 2012
The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC,1 recently issued a decision that holds?contrary to the only other court of appeals that has addressed the issue?that rejection of a trademark licensing agreement by a debtor-licensor does not terminate the agreement and that a trademark licensee can?
thus continue using the license after rejection. ?
?
?
?The Fourth Circuit?s
?
Lubrizol Decision
In 1985, the Court of Appeals for the Fourth Circuit issued a controversial opinion in
Lubrizol Enterpris-es, Inc. v. Richmond Metal Finishers, Inc.,2 holding that when an intellectual property license is rejected in bankruptcy, the licensee loses the ability to use any licensed copyrights, trademarks,?..?
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